2025:BHC-OS:25499-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION (L) NO.40997 OF 2025

IN

WRIT PETITION NO.2701 OF 2019

Danda Koli Masemari Vyavasayik Sahakari Sanstha

Maryadit Applicants

versus

Municipal Corporation of Greater Mumbai and others Respondents

WITH

WRIT PETITION NO.2701 OF 2019

Danda Koli Masemari Vyavasayik Sahakari Sanstha

Maryadit Applicants

versus

Municipal Corporation of Greater Mumbai and others Respondents

WITH

WRIT PETITION NO.3698 OF 2025

Danda Koli Masemari Vyavasayik Sahakari Sanstha

Maryadit Applicants

versus

Slum Rehabilitation Authority through CEO

and others Respondent

_______

Ms.Gayatri Singh, Senior Advocate, with Mr.Ravi Gadagkar and Mr.Vedant Katkar i/by Hamza Lakdawala for Petitioner in both writ petitions and Applicant in

IA(L).40997 of 2025.

Ms.P.H.Kantharia, Govt.Pleader for State of Maharashtra.

Ms.Ravleen Sabharwal with Ms.Aarushi Yadav for SRA.

Mr.Ravi Kadam, Senior Advocate, with Mr.Santosh Pathak i/by Law Origin for

Respondent no.6 in WP.2701/2019 and for Respondent no.5 in WP.3698/2025.

Mr.Amogh Singh with Mr.Nimish Lotlikar for Respondent no.7 in WP.2701/2019

and for Respondent no.6 in WP.3698/2025.

MsPushpa Yadav i/by Ms.Komal Punjabi for MCGM.

MANISH D M i A g N ita IS ll H y signed by

SURESHRAO SURESHRAO THATTE

THATTE D 16 a : t 5 e 5 : : 2 1 0 1 2 + 5. 0 1 5 2 3 .1 0 9

Ms.Aarushi Yadav for SRA.

_______

CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

DATE: 17^th December 2025 P.C.

1. This is a case where on one hand the Petitioners are asserting traditional rights in respect of user of CTS No.1105. The land adjoining to the land used by the Petitioner is developed as slum by Respondent no.7 by appointing Respondent no.6 as a developer. Admittedly both the lands appear to be government lands. The State Government did not protect its lands and therefore by encroaching upon them slum was formed, and which is a protected slum, is now being developed in accordance with the provisions of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (`Slum Act’) read with Development Control Regulation 33(10) of the Development Control and Promotion Regulations. The developer appointed by Respondent no.7 Hanuman Nagar CHS Ltd is Jasani Realty Private Limited. The dispute in the present proceedings is, inter alia, of interference with the rights of the Petitioners in part of the land CTS No.1105, being traditionally used by the Petitioner, for drying fish and fishing nets, being encroached and/or being utilized under the slum scheme. A plan to that effect as to what is the nature of the said encroachment, according to the Petitioner, is annexed at page 62 of the Interim Application. Such area of the said land used by the Petitioners for drying fish as also the fishing nets, as encroached by the slum scheme, is stated to be about 1,500 sq.meters, which according to the Petitioner is a substantial land. Thus, the dispute is purely of demarcation and as to whether the traditional rights of the Petitioners, as contended by the Petitioners, are in any manner affected by the slum redevelopment in question. The case of the Petitioners is also that an exercise of the demarcation of the said land in accordance with law has not taken place and if any such exercise is undertken, the same is without notice to the Petitioners, and cannot be recognized in law. The Petitioner case is disputed on behalf of Respondent nos.6 and 7 on the basis of reply affidavit as also on the basis of a recent certificate being issued by the District Inspector of Land Records annexed as Exhibit-B, Page 391 to the affidavit filed by Respondent no.6, as also on the basis of slum plan.

2. Be that as it may, we do not intend to delve on the factual dispute on the boundary of the respective lands, more particularly as both the lands are belonging to the State Government, in respect of which on one hand the Petitioner asserts traditional rights and on the other hand the land is being redeveloped a a slum.

3. I